The acceptance and payment of the contract due to the change of construction measures shall be based on the contract documents, priority order, contract content, and scope of work under the signed contract to decide accordingly, without increasing the value of the signed contract.

Mr. Nguyen Dinh Cong's agency (Hanoi) signed a contract to build traffic bridges in the form of a lump-sum contract. When implementing construction due to the requirement of the completion schedule, it is necessary to change construction measures.

Accordingly, the position of the beam casting yard in the bridgehead area (according to the approved design) is changed to a new location far from the construction site; the measure of plunging beams (using a 3-legged stand in combination with a guide nose, an electric winch,... as per the approved design) is now changed to use a crane.

Mr. Cong asked if the change of the above construction measures is consistent with the regulations for the form of a lump-sum contract? Which authority decides the change? The acceptance and payment must be based on the actual construction or the signed lump-sum contract?

The Ministry of Construction responded to this issue as follows:

The payment, settlement, and contract amendment shall be based on the contents of the contract signed between the parties in accordance with the invitation to bid (requirements), bid documents (proposals), and regulations of the law applicable to that contract.

According to Point a, Clause 3, Article 15 of Decree 37/2015/ND-CP dated April 22, 2015, of the Government detailing construction contracts, for the form of contract: “the lump-sum contract price is the contractual price that is unchanged throughout the implementation period for the quantity of work within the scope of work under the signed contract, except force majeure events or compulsory changes to the scope of work”.

Point b, Clause 1, Article 28 of Decree 37/2015/ND-CP stipulates the right of the construction contractor to “change construction measures approved by the employer in order to quicken the progress, ensure quality, safety, and efficiency of the construction works on the basis of signed contractual price”.

Thus, the employer shall decide on the change of construction measures as proposed by the contractor to speed up the progress, ensure the quality, safety, and efficiency of the works on the basis of the signed contract price. The acceptance and payment of the contract due to the change of construction measures shall be based on the contract documents, priority order, contract content, and scope of work under the signed contract to decide accordingly, without increasing the value of the signed contract.